No. 22-6851
David Freeman v. John Q. Hamm, Commissioner, Alabama Department of Corrections
IFP
Tags: 28-usc-2254d appellate-procedure due-process federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation sixth-amendment state-post-conviction
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference:
2023-04-21
Question Presented (from Petition)
(1) Under these circumstances, does a court of appeals violate the
fundamental principles of party presentation and Petitioner's due
process rights?
(2) Where an indigent state prisoner is denied resources in state court and
is thus unable to develop the factual basis of the claim, can the state
court adjudicate that claim "on the merits" under 28 U.S.C. § 2254(d)?
Question Presented (AI Summary)
Whether a court of appeals violates the principle of party presentation and due process rights when it raises an issue sua sponte that the parties did not brief
Docket Entries
2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-04-04
Reply of petitioner David Freeman filed. (Distributed)
2023-03-22
Brief of respondent Commissioner, Alabama Department of Corrections in opposition filed.
2023-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2023)
2023-01-13
Application (22A637) granted by Justice Thomas extending the time to file until February 21, 2023.
2023-01-10
Application (22A637) to extend the time to file a petition for a writ of certiorari from January 22, 2023 to March 23, 2023, submitted to Justice Thomas.
Attorneys
Commissioner, Alabama Department of Corrections
David Freeman
John Anthony Palombi — Federal Defenders, Petitioner